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Judgment
J.M. Panchal, J.—Rule. The endorsement on the board indicates that all the three respondents are duly served with notice for final disposal of the petition. However,none of them has appeared either through its lawyer or through its constituted agent nor any of them has filed reply controverting the averments made in the petition. Therefore, this Court is of the opinion that it is not necessary for the petitioner to effect service of notice of rule issued in the instant petition upon the respondents. Having regard to the facts of the case, the petition is taken up for final disposal today.
By filing the instant petition under Article 226 of the Constitution, the petitioner i.e. Mr. Sapan Shaileshbhai Oza, who is Chairman of Sukirti Park Co-operative Housing Society Ltd. has prayed to issue appropriate writ directing the respondent No. 1 i.e. Torrent Power AEC Limited to provide 63 electricity connections to the residential units constructed by him. The petitioner has further prayed to direct the respondent No. 2 i.e. Ahmedabad Urban Development Authority to grant temporary occupancy certificate/provisional or temporary Building Use Permission to him in respect of the residential units constructed by him.
Revenue Survey No. 1253 of Town Planning Scheme No. 3 of village Vejalpur, Taluka, City and District Ahmedabad belonged to Smt. Nimaben Pramodbhai Patel and others. Their Power of Attorney Holder Mr. P.C. Patel obtained development permission to develop the said land on March 10,2006, which is quite evident from the contents of the document produced by the petitioner at Annexure ''A'' to the petition. Sukirti Park Co-operative Housing Society Ltd. of which Mr. Sapan Shaileshbhai Oza is the Chairman, purchased the land from the original owners, which is quite evident from the extract produced by the petitioner from the Register maintained at the Office of Sub-Registrar, Ahmedabad. The case of the petitioner is that after purchase, 60 residential units were constructed pursuant to development permission granted on March 10,2006. After construction of the residential units was over, it was the duty of the petitioner to obtain Building Use Permission and, thereafter to apply to the respondent No. 1 for supply of electricity connection to the units constructed by him. However, without obtaining Building Use Permission, the petitioner applied to the respondent No. 1 for grant of electricity connections to the units constructed by him. The said request has been turned down by the respondent No. 1, which is quite evident from the contents of communication dated November 30,2006 addressed by the General Manager of the respondent No. 1 to the petitioner, a copy of which is produced at Annexure ''B'' to the petition. By the said communication the petitioner has been called upon to produce Building Use Permission to enable the respondent No. 1 to grant supply of electricity connection to the units constructed by him. Therefore, the petitioner has filed the instant petition and claimed reliefs, to which reference is made earlier.
The petition was placed for admission hearing before the Court on December 5,2006 and after hearing the learned Counsel for the petitioner, the notice for final disposal of the petition was issued. As observed earlier, all the three respondents are duly served but none of them has appeared before the Court nor contested the petition.
This Court has heard Ms. Falguni D. Patel, learned advocate for the petitioner and considered the documents forming part of the petition. On the facts and in the circumstances of the case, this Court is of the opinion that interest of justice would be served, if following directions are issued:
(1) The petitioner shall approach the Ahmedabad Urban Development Authority for obtaining Building Use Permission within thirty days from today, with an appropriate application /form/format, and by paying requisite fee, if any.
(2) The Ahmedabad Urban Development Authority is directed to take decision on the application, which may be submitted by the petitioner, within four months from the date of receipt of the same.
(3) The petitioner shall apply to the respondent No. 1 Torrent Power AEC Limited for providing electricity connection to the residential units constructed by the petitioner, with an appropriate application/form/format, and by paying charges, within a week from today.
(4) The respondent No. 1-Torrent Power AEC Limited is directed to provide electricity connection to the residential units constructed by the petitioner within one month from the date of receipt of the application on usual terms and conditions.
(5) In case the Ahmedabad Urban Development Authority is not approached by the petitioner for obtaining Building Use Permission within the period stipulated in this order, the Ahmedabad Urban Development Authority shall inform Torrent Power AEC Limited to disconnect the electricity supply from the residential units constructed by the petitioner, and in such eventuality, it would be open to Torrent Power AEC Limited to disconnect the electricity connection.
(6) In case the Ahmedabad Urban Development Authority does not grant Building Use Permission, it will ask the Torrent Power AEC Limited to disconnect the electricity supply provided to the residential units constructed by the petitioner within a period of fifteen days.
(7) The petitioner shall file an undertaking before the Torrent Power AEC Limited to the effect that in the event Building Use Permission is not granted by the Ahmedabad Urban Development Authority, the petitioner will have no objection to disconnection of electricity supply made available to the residential units constructed by the petitioner. This undertaking shall be filed along with the application /form/format meant for the purpose.
Rule is made absolute subject to above referred to directions. There shall be no orders as to costs. Direct Service is permitted.